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HomeMy WebLinkAboutMin 07-07-82143 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - JULY 7, 1982 The City Council convened in regular session at 6:30 P.M. in the City Council Chambers. Roll call was taken and the following Councilmembers were present: Feibusch, Kelley, Hickey, Riley. Councilmembers absent: Myers. Staff present: Payne, Orchard, Kruth, Brosig, Tillotson, Melvin. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember Kelley and Councilmember Feibusch led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Hickey to approve the Minutes of Adjourned Meeting, June 14, 1982 as corrected, Regular Meeting of June 16, 1982 and Special Meeting of June 22, 1982. Motion carried by the following roll call vote: AYES: Feibusch, Hickey, Riley NOES: None ABSENT: Myers ABSTAIN: Kelley RIGHT TO APPEAL DECISION Mayor Riley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. SPECIAL ORDER OF BUSINESS City Attorney reviewed for Councilmembers his memorandum of July 7, 1982 and it was requested that it be made part of the record: "The purpose of this memorandum is to clarify the intent of the above mentioned resolution so there will be no misunderstanding about it. The Council is well aware of the controversy relating to the qualification of Mr. Hickey to serve a further term. The votes have been canvassed by the County Clerk, who is charged therewith, and certified to the City Council. So far as is known to the undersigned, no question has been raised as to the vote count. The passage of this resolution is a purely ministerial act which spreads upon the records of the City what the vote count was in the election. Voting yes on this resolution has nothing to do with the question raised as to the qualification of Mr. Hickey; nor is any member of the Council, by voting for this resolution, in any sense precluded in taking whatever position or action he or she may deem appropriate with respect to a challenge." M/S: Kelley/Hickey to approve Resolution No. 83-1 declaring results of election and Resolution No. 83-2 confirming canvass of special revenue bond election consolidated with the State of California direct primary election held on June 8, 1982. Resolution No. 83-1 WHEREAS, it appears that Notice of Election was fully and legally given, that voting precincts were properly established, and that in all respects said election results were received and canvassed, and the returns thereof made, determined and declared in time, form and manner as required by the laws of the State of California providing for and regulating Municipal Elections in cities of the General Law Class, and WHEREAS, the County Clerk of Mendocino County has canvassed the returns and certified the returns to the City Council, and Reg.Mtg. 7/7/82 Page 1 144 WHEREAS, the City Council finds as a result of said canvass, the number of votes cast, the names of the persons voted for, and other matters as required by law to be as hereinafter stated, NOW, THEREFORE, it is hereby resolved, determined and declared as follows: That the General Municipal Election was held and conducted in the City of Ukiah on Tuesday, June 8, 1982, in time, form and manner prescribed by law; That the matters enumerated in Section 22933 of the Elections Code are contained in the Statement of Election which statement is attached hereto and incorporated herein by reference. RESOLVED, THEREFORE, that at said General Municipal Election held in the City of Ukiah, June 8, 1982, the following persons were elected to the following offices respectively: HAYS HICKEY was elected a member of the City Council for the full term of four years from and after June 8, 1982 and until his successor is elected and qualified. MIKE KELLEY was elected a member of the City Council for the full term of four years from and after June 8, 1982 and until his successor is elected and qualified. BE IT FURTHER RESOLVED that the Measures as stated below passed: MEASURE A Shall the City of Ukiah issue revenue bonds in the principal amount of $23,000,000 pursuant to the Revenue Bond Law of 1941 to provide funds for the acquisition and construction of electric generation and transmission facilities for the City of Ukiah, including the acquisition and construction of a hydroelectric generating unit toO be installed at Coyote Dam, together with related penstocks and outlet and control facilities and the acquisition and construction of a 115 KV transmission line, together with related transformers and switching gear, and other works, properties or structures necessary or convenient for the acquisition and construction of electric generation and transmission facilities for the City of Ukiah? MEASURE B Shall the Civil Service Ordinance of the City of Ukiah be amended to withdraw City department heads from the Civil Service System; provided, however, existing department heads as of the date of such amendment shall not be affected thereby but shall continue to hold their offices or employment according to their existing term of tenure? MEASURE C Shall the City of Ukiah be authorized to assist with other State and/or public bodies in the development, construction or acquisition of not more than 100 units of housing for the elderly, disabled, handicapped and for other low income families, pursuant to Article XXXIV of the California State Constitution? MEASURE D Shall the electors elect a Mayor and four City Councilmembers? Shall the term of office of such Mayor be two years? OR Shall the term of office of such Mayor be four years? (A two year term was set by the election) Reg.Mtg. 7~7~82 ?a§e 2 145 PASSED AND ADOPTED this 7th day of July, 1982 by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Feibusch, Kelley, Hickey, Riley None Councilmember Myers s/Kate Riley Mayor ATTEST: s/Hattie Tillotson City Clerk Resolution No. 83-2 WHEREAS, the Board of Supervisors of Mendocino County has duly canvassed or caused to be canvassed the votes cast in the City of Ukiah (the "City") at the special revenue bond election consolidated with the State of California Direct Primary Election held on June 8, 1982, in the City by the qualified voters of the City upon the measure hereinafter set forth, and has certified to this City Council the result of the votes cast at said election upon said measure, which said certification is now on file in the office of the City Clerk of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as follows: Section 1. Said canvass as shown by said certification and the result of said election is hereby ratified, confirmed and approved. Section 2. At said election the following measure for issuing revenue bonds was submitted to the qualified voters of the City and the number of votes cast in the City for and against said measure was as follows: Total Total Votes Votes "YES" "NO" MEASURE (A): Shall the City of Ukiah (Electric Generation and issue revenue bonds in Transmission Facilities - the principal amount of Revenue Bonds) $23,000,000 pursuant to the Revenue Bond Law of 1941 to provide funds for the acquisition and construction of electric generation and transmission facilities for the City of Ukiah, including the acquisition and construction of a hydroelectric generating unit to be installed at Coyote Dam, together with related penstocks and outlet and control facilities, and the acquisition and construction of a 115 KV transmission line, together with related transformers and switching gear, and other works, properties or structures necessary or convenient for the acquisition and construction of electric generation and transmission facilities for the City of Ukiah? 2,761 714 Section 3. The total number of votes cast in the City at said special revenue bond election and the total number of votes in each Reg .Mtg. 7/7/82 Page 3 146 precinct and by absentee voters of the City for and against said measure was and is set forth in said canvass. Section 4. More than a majority of all the votes cast at said special revenue bond election on said measure was cast in favor of said measure and said measure passed. Section 5. The City Clerk of the City is hereby authorized and directed to enter this resolution in the minutes of this City Council, as and constituting a statement of the results of said special revenue bond election. PASSED AND ADOPTED this 7th day of July, 1982, by the following vote: AYES: NOES: ABSENT: Councilmembers Feibusch, Kelley, Hickey, Riley None Councilmember Myers s/Kate Riley Mayor of the City of Ukiah ATTEST: s/Hattie Tillotson City Clerk of the City of Ukiah ADDITION TO AGENDA M/S: Hickey/Feibusch to add Item llk, Request of Ukiah Downtown Merchants Association to close School Street, between Perkins and Church, on July 17, 1982, to the agenda. Motion carried by unanimous voice vote. M/S: Riley/Kelley to also consider under Agenda Item 10b, clarification of payment of fees, Ukiah Players. Motion carried by unanimous voice vote. CONSENT CALENDAR M/S: Feibusch/Hickey to approve Consent Calendar Items 7a-7h as follows: 7a. Payroll Warrants, #19385-19532, $66,207.98; 7b. General Warrants, #20241-20287, $257,248.90; 7c. Denied claim of Sue Clinch for damages and referred to insurance carrier; 7d. Approved discount fee for adult swimmers for swim passes at a cost of $20.00 for a thirty (30) day period to swimmers 18 years of age and over; 7e. Awarded bid for 100/25KVA Horizontal Duplex to AMFAC Electric Supply in the total amount of $4,958.68; awarded bid for 150KVA Pad Mount to Maydwell and Hartzell in the total amount of $3,771.36; awarded bid for 225KVA Pad Mount to Davis & Gregory Company in the total amount of $4,521,96; 7f. Awarded bid for letter inserter to Pitney Bowes in the total amount of $5,719.76; 7g. Approved request to write off uncollectable accounts as of June 30, 1982; 7h. Approved Report of Administrative Actions & Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers PETITIONS AND COMMUNICATIONS 9c. LETTER OF REQUEST FROM RURAL COMMUNITIES HOUSING TO WAIVE HALF OF FEES FOR RENTAL HOUSING ON WAUGH LANE Reg.Mtg. 7/7/82 Page 4 147 City Manager stated that Rural Communities Housing Development Corporation is requesting a waiver of one half of permit, sewer hook-up and other related fees. He pointed out that a portion of the fees are not the City's fees but that of Ukiah Valley Sanitation District and cannot be waived or modified by Council. He further stated that fees are established by Council policy. Duane Hill, Rural Communities Housing Development Corporation, stated the letter of request was submitted before it became apparent that their loan had to be closed. The loan was closed by reducing the operation and maintenance expenses. He pointed out that this is the third project in Ukiah designed for low and moderate citizens and they have never asked the City for any assistance on any past project. He requested that consideration be given to providing relief in reduction of their costs to the City. Jack Simpson, President, Rural Communities Housing Development Corporation, stated that it is hoped to be able to obtain relief from the City to help make the project viable and reminded Council that they are donating property along Waugh Lane to help with traffic problems. He further added that this particular project is of low density and would not affect the traffic problems in this area. It was suggested that the matter be referred to staff for a recommendation regarding actual waiver or elimination of costs. City Manager stated that, at this point, Rural Communities Housing Development Corporation is only requesting that fees be cut in half. M/S: Feibusch/Kelley to deny the reduction in fees requested by Rural Communities Housing Development Corporation. Mayor Riley felt that some kind of financial help should be given by reducing the fees, not costs, or that the City could work with them more closely to make cost reductions in other areas. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey NOES: Riley ABSENT: Myers PUBLIC HEARING - 7:00 P.M. 8a. RATE INCREASE FOR UKIAH SOLID WASTE City Manager reviewed for Council previous rate increases granted to Ukiah Solid Waste. Although in the past, Ukiah Solid Waste has shown a deficit, based on recent projections, they show a profit for January-March, 1982. They are requesting a rate increase of approximately 22%. In answer to a question regarding the contract period, City Manager stated the original franchise provided that Ukiah Solid Waste hold its rates for a period of three years and each third year, the rates would be reviewed by Council. However, in January, 1981, Council extended that agreement with Ukiah Solid Waste for an additional 15 years and provided that review of rates would be at Council's discretion. PUBLIC HEARING OPENED: Gerry Ward, President, Ukiah Solid Waste, stated the requested rate increase would provide an additional $50,000 which would be used for replacement of trucks, health insurance increases, salary increases for employees, additional containers and provide for inflation. He stated that with the requested rate increase, it would still not leave a large profit. In answer to a question regarding omission of disclosures in the financial statements prepared by Celentano & Company and salaries received by Ukiah Solid Waste officers, Mr. Ward stated that the disclosures omitted covered leasing and accounting policies. He further stated that he receives Reg.Mtg. 7/7/82 Page 5 148 $27,000 a year, his father receives $32,500 a year; as drivers, one brother receives $17,000 a year and another brother receives $15,000 a year. The following spoke against the proposed rate increase: Kate Moore Linda Foster Dave Bliss Jean Robertson They expressed the following concerns: Objected to $1.00 a can increase; garage service should go to bid; suggestion that Ukiah Solid Waste have a capital improvement schedule to provide for future expenses; any rate increase be evenly handled for residents as well as businesses; burden of rate increase on elderly. PUBLIC HEARING CLOSED. M/S: Hickey/Riley to grant staff recommendation for an 11% increase to Ukiah Solid Waste, Inc. Councilmember Kelley pointed out that Ukiah Solid Waste has had a 59% rate increase within the last two years. Councilmember Feibusch referred to the salaries received by Ukiah Solid Waste officers as being substantial and felt adjustments could be made. City Manager stated that Ukiah Solid Waste does have a capital investment program. Motion failed by the following roll call vote: Feibusch, Kelley, Hickey, Riley ABSENT: Myers AYES: None NOES: 8b. RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 1982-83 City Manager stated that with passage of Proposition 4, the State requires that local governments prepare a statement for appropriation limits. PUBLIC HEARING OPENED: No audience participation. PUBLIC HEARING CLOSED. M/S: Hickey/Feibusch to adopt Resolution No. 83-3 fixing limitation on City expenditures for fiscal year 1982-83. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers PETITIONS AND COMMUNICATIONS 9a. MATTER OF DUMP CLOSURE, BARRY VOGEL, ATTORNEY FOR MODERN DISPOSAL Barry Vogel, Attorney for Modern Disposal, stated that through discussions with staff, it was recognized that the garbage must be put somewhere. He suggested that the dump be open on Sunday to accommodate citizens who clean their yards on the weekends, that the dump be open to commercial haulers on Monday as they dump less than 50 tons and it could be covered Tuesday within the 48 hours to meet State code requirements. Modern Disposal is willing to convey a hold harmless agreement to the City for any damages that might occur, obtain insurance and he asked that this program be set up on a trial basis for two months. City Manager reviewed for Council another proposal regarding dump closure that had been submitted during budget session. M/S: Feibusch/Riley to change the hours of the dump operation to Thursday through Sunday, 9 a.m. to 5 p.m., Tuesday through Wednesday, 8 a.m. to 12 noon and closed Monday and all holidays. Reg.Mtg. 7/7/82 Page 6 149 Councilmember Kelley felt there would be an employee problem with the proposed schedule. Mayor Riley felt the proposed change in dump hours would solve the problem of commercial haulers and people within the City. Marvin Bowen, Modern Disposal, stated he was willing to provide insurance and a hold harmless agreement to the City to be able to use the dump on Mondays. Barry Vogel stated Modern Disposal has a contract to pick up garbage at Lake Mendocino and it is critical that it be picked up on Mondays during the summer. In answer to a question to allow commercial haulers access to the dump on Mondays, City Manager stated he could not recommend that commercial haulers be allowed to dump on Mondays as the material could not be covered until the next day. He stated other negative aspects are that the garbage is left loose to blow away and the odor would be detrimental to the neighborhood. Director of Public Works pointed out that if a load is unattended in the afternoon and it catches fire, there would be no one to report it. He.stated there is a real risk of vandelism and spontaneous combustion. Councilmember Feibusch suggested that a security guard be at the dump on Monday afternoon in order to accommodate the commercial haulers. City Attorney stated that before any decision is made, it should be determined whether the insurance would be broad enough to cover fire and whether such insurance would be available. Councilmember Feibusch, seconded by Mayor Riley, made a motion to amend the original motion to permit commercial haulers to dump Monday afternoon and to provide a security guard until City employees come to work on Tuesday. This amendment was later withdrawn as it was felt Council should not be negotiating with Modern Disposal at this time. Councilmember Feibusch, with the consent of Mayor Riley, the second to the original motion, amended the original motion to direct that the garbage companies negotiate with staff and staff report back to Council on security measures for garbage dumped on Monday. Original motion as amended failed by the following roll call vote: AYES: Feibusch, Riley NOES: Kelley, Hickey ABSENT: Myers At the request of Councilmember Feibusch, Councilmembers Hickey and Kelley stated they had voted no on the motion because they felt it would create personnel problems. 9b. LETTER FROM DON JENKINS REQUESTING TO BE HEARD ON GENERAL PLAN AMENDMENT B Don Jenkins, Ukiah, stated one reason the matter was not submitted earlier for inclusion in General Plan Amendment B was because Council had not made a decision regarding the extension of Main Street. He stated there had been concern expressed by Council regarding financing of the project and a representative from Farmer's Home was present to address that matter. M/S: Riley/Feibusch to deny the request by Mr. Jenkins for inclusion in General Plan Amendment B and urge Mr. Jenkins to file an application for General Plan Amendment C. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers RECESS: 8:27 P.M. RECONVENE: 8:40 P.M. UNFINISHED BUSINESS Reg.Mtg. 7/7/82 Page 7 150 10a. INTRODUCTION OF ORDINANCE CHANGING PERMIT RENEWAL TIME FOR TAXI OPERATION M/S: Feibusch/Hickey to introduce Ordinance No. 790 by title only. Motion carried by unanimous voice vote. M/S: Feibusch/Kelley to introduce Ordinance No. 790 amending Section 2544 of Article 2, Chapter 5 of Division 2, of the Ukiah Municipal Code to change term of taxi cab permits. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers 10b. REQUEST FOR ELECTRICAL SERVICE AND CLARIFICATION OF PAYMENT OF FEES, UKIAH PLAYERS (RILEY) City Manager referred to Ukiah Players original letter of request where it stated that two costs would use so much of their money that it would prevent their borrowing money to begin construction; also, Council, in approving their request, authorized Ukiah Players to negotiate with PG&E. He further stated that it is now requested that the City put in all services except to make the physical connections and it is recommended that this not be done. Charles Bell, Ukiah Players, stated it was his understanding that all fees were to be waived. Bill Jamison, Pine Ridge Road, requested that City staff be directed to waive all fees to avoid future misunderstandings. It was his understanding that not only were capital improvements fees waived, but that Council went beyond that in waiving all fees. Mayor Riley stated it was her intent in making the original motion that all fees be waived. Ron Gluckman, 1016 W. Standley, stated it was his recollection that all fees had been waived. City Manager stated it was staff's feeling that Council's direction was that only capital improvement fees be waived. He felt it would be appropriate for Council to make a clarification of their direction to staff. M/S: Feibusch/Riley that staff cooperate with Ukiah Players in putting those services in within the public right of way and that all fees are waived. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers Mayor Riley stated that a resolution has been submitted by Ukiah Players and PG&E for Council action. City Manager stated that following information that this matter would be heard at Council's July 21 meeting, he so informed PG&E. Ray Lopez, representing PG&E, requested that the matter be continued to July 21 Council meeting. M/S: Kelley/Feibusch to continue consideration of resolution to allow PG&E to serve Ukiah Players to July 21, 1982. Motion carried by unanimous voice vote. 10c. TRANSFER OF FUNDS FOR SENIOR CITIZENS City Manager stated that at its June 2, 1982 meeting, Council indicated a desire to adjust the funding allocated to the Senior Citizens. M/S: Feibusch/Hickey to authorize transfer of $2,200 for Senior Citizens from General Fund Reserve to General Government Fund. Reg.Mtg. ?/7/82 Page 8 151 Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers 10d. AWARD OF BID, AIRPORT HANGAR & APPROVAL OF FINANCING City Manager stated that Council at its June 23 meeting awarded a bid to Port A Port for 20 hangars contingent upon the City obtaining lease purchase financing at an interest rate of 12% or less. After discussion with financial institutions, it was found that 12% financing cannot be obtained. M/S: Feibusch/Hickey to authorize lease purchase agreement with First National Bank at 13% for 7 years for financing of 20 portable hangars to be purchased from Port A Port Company in the amount of $160,000.00. Motion carried by unanimous voice vote. NEW BUSINESS lla. PROPOSAL FOR GOLF MARSHALS City Manager stated that the Director of Parks and Recreation, with the support of the Ukiah Men's Golf Club, is proposing use of golf marshals for better control over play at the course and to aid in the recovery of golf revenue lost to play by "freeloaders" on the back nine holes. It is recommended that a maximum of three marshals be hired subject to approval by the Director of Parks and Recreation and the City Manager and their compensation to be equal to three annual golf memberships. The Men's Club is willing to donate a Honda three wheel motorized dirt bike to the golf maintenance fleet. M/S: Hickey/Feibusch to approve staff's recommendation that a maximum of three marshals be hired to monitor the golf course subject to approval by the Director of Recreation and Parks and the City Manager; their compensation for this service to be golf privileges on the golf course; that the cost of maintenance and insurance for the Honda motorized dirt bike be covered by City Owned Equipment, Account No. 695-6120-300. Councilmember Kelley expressed concern that this proposal would add additional costs to the operation of the golf course. Councilmember Kelley made a motion to delete the motorized dirt bike from the original motion but it died for lack of a second. Motion carried by the following roll call vote: AYES: Feibusch, Hickey, Riley NOES: Kelley ABSENT: Myers llb. RESOLUTION SETTING IN LIEU PARKING FEES FOR FISCAL YEAR 1982-83 City Manager stated that the City is required by code to establish annually in lieu parking fees based on an average cost of constructing one parking space discounted by 30%. Based on the present formula, the new fee would be $3,000.00. The Parking Advisory Commission at its June 14, 1982 meeting recommended an in lieu parking fee of $2,310 for 1982-83. M/S: Hickey/Riley that In Lieu Parking fee be set at $3,000.00 per space for 1982-83. Concern was expressed that increased costs would prohibit development within the Downtown area. Motion failed by the following roll call vote: AYES: Hickey, Riley NOES: Feibusch, Kelley ABSENT: Myers Reg.Mtg. 7/7/82 Page 9 152 M/S: Hickey/Feibusch that staff develop a new formula for Council review for computing in lieu parking fees based on Consumer Price Index. Motion carried by unanimous voice vote. llc. RESOLUTION NO. 83-4 AUTHORIZING PURCHASE OF ELECTRIC FACILITIES AIRPORT INDUSTRIAL PARK ANNEXATION NO. 80-5 M/S: Feibusch/Hickey to approve Resolution No. 83-4 authorizing the purchase of electric facilities in the territory known as the Airport Industrial Park Reorganization No. 80-5. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers lld. SET PUBLIC HEARING DATE, JULY 21, 1982, 7:00 P.M., SEWER RATE INCREASE M/S: Kelley/Feibusch to set a joint public hearing with Ukiah Valley Sanitation District on July 21, 1982 at 7:00 P.M. for sewer service rate increase. Motion carried by unanimous voice vote. City Manager and Councilmember Hickey stated they would not be able to attend this meeting. lle. INTERPRETATION OF THE GENERAL PLAN NOISE ELEMENT PERTAINING TO NOISE DECIBELS City Manager stated former Councilmember Snyder had expressed concern with noise levels for residential classification and had requested clarification of the General Plan Noise Element. M/S: Feibusch/Kelley to refer subject matter to staff for a report from the Planning Director. Motion carried by unanimous voice vote. llf. MATTER OF CONTRACT RE SURPLUS ENERGY FROM TURLOCK IRRIGATION DISTRICT M/S: Hickey/Kelley to adopt Resolution No. 83-5 authorizing Mayor to execute a participating member agreement with the Northern California Power Agency for Turlock Irrigation District energy purchases. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers llg. ADDENDUM TO 1979 MOU DELETING MILITARY SERVICE CREDIT City Manager stated City employees are requesting deletion of military service credit from the 1979 Memorandum of Understanding as one of the items that the employees could receive should the vote on Social Security be to withdraw. M/S: Riley/Hickey to authorize an addendum to the Memorandum of Understanding which would delete military service credit as a potential option should the employees vote to withdraw from the Social Security System. Motion carried by unanimous voice vote. llh. RESOLUTION NO. 83-6 AUTHORIZING RETROACTIVE ADJUSTMENT OF SALARY OR BENEFITS City Manager stated approval of this resolution would allow the potential of retroactivity for wages and working conditions to July 1, 1982 if such is negotiated between the City and its employees. M/S: Hickey/Feibusch to approve Resolution No. 83-6 authorizing retroactive adjustment of salary or benefits. Reg.Mtg. 7/7/82 Page 10 153 Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers iii. WATER MAIN EXTENSION AGREEMENT, VAGT PROPERTY, LOW GAP ROAD M/S: Hickey/Feibusch to approve the Water Main Extention Agreement. Motion carried by unanimous voice vote. llj. REQUEST FOR CANCELLATION OF LEASE - CAGLE City Manager stated the City entered into a lease agreement with Mr. Cagle for a term of 3 years at $250/month; Mr. Cagle has made no payments to date. Mr. Cagle is requesting cancelation of the lease. City Manager reviewed for Council the lease terms for cancellation of the lease and remedies in the event of default. He recommended that back payments, totalling $4,000, be made before Council takes any action. M/S: Feibusch/Kelley to deny cancellation of lease. Discussion was had regarding legal action that could be taken. With the consent of the maker and second of the original motion, Councilmember Hickey, seconded by Councilmember Feibusch, amended the original motion to provide that the City Attorney be directed to pursue whatever legal steps necessary to collect money due. Motion as amended carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Riley NOES: None ABSENT: Myers llk. REQUEST FROM DOWNTOWN MERCHANTS ASSOCIATION TO CLOSE SCHOOL STREET ON JULY 17, 1982 M/S: Hickey/Kelley to approve the request of Ukiah Downtown Merchants Association to close School Street between Perkins and Church to vehicular traffic for July 17, 1982. Motion carried by unanimous voice vote. COMMENTS FROM AUDIENCE Ray Lopez, PG&E, thanked Council for considering the request of PG&E that the proposed resolution be continued. CITY COUNCIL REPORTS 13a. COMMITTEE APPOINTMENTS Mayor Riley made the following committee appointments: Committee Assigned To: Mendocino Council of Governments (MCOG) MTA Board of Directors Ukiah Valley Sanitation District City Selection Committee League of California Cities Liaison Northern California Power Agency (NCPA) Alternate Redwood Empire Municipal Insurance Fund (REMIF) Alternate Mendocino County Chamber of Commerce Ukiah Players Ad Hoc Committee for negotiation with Ukiah Unified School District Mayor Riley Councilmember Kelley Mayor Riley Mayor Riley Councilmember Myers Councilmember Hickey City Manager Payne Ira Brannon Roy Brosig Walter Hamburg Councilmember Kelley Councilmember Feibusch Councilmember Kelley City Manager Payne Reg.Mtg. 7~7~82 Page 11 154 M/S: Kelley/Feibusch to approve Council committee assignments. Motion carried by unanimous voice vote. Councilmember Feibusch asked what had happened to the plantings on Seminary Avenue? City Manager stated that the area had recently been mowed. Councilmember Feibusch suggested that this area could be included within the Yokayo School site. Mayor Rile~ felt a date should be set for the employees' picnic. City Manager stated that a picnic is currently being planned. Mayor Riley requested that staff find out if the billboard preemption act had been passed. She reported that the Ukiah Community Center is having a local business development conference July 8, 1982 at 5 P.M. in the Courthouse conference room. ADJOURNMENT - 9:58 P.M. - To Executive Session (Personnel, Litigation, Property Acquisition) Mary Melvin Deputy City Clerk Reg.Mtg. 7/7/82 Pa§e 12